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The Wisconsin Supreme Court has begun oral arguments for its 2019-20 term, hearing important cases on issues including the extraordinary session litigation, insurance, and successor liability. In other civil justice news, Wisconsin has been ranked as the 13th best litigation climate in the nation, state regulators take action on PFAS chemicals, and the Wisconsin attorney general comments on federal opioid litigation. More on these issues, plus the latest Court of Appeals decisions, in this edition of the WCJC Newsletter.
Please feel free to forward this newsletter to others who may benefit from the information it contains.
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Wisconsin Lawsuit Climate Ranked 13th in U.S.
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The U.S. Chamber Institute for Legal Reform recently ranked Wisconsin as the 13th best litigation climate in the country. The high ranking in fairness and reasonableness of the state's liability system comes after the state legislature passed significant tort reforms in 2017 Act 235.
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PFAS Update: Recent Regulatory Actions in Wisconsin
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Regulation of PFAS compounds is quickly moving forward in Wisconsin at both the legislative and administrative rule levels. WCJC is part of the Water Quality Coalition, a coalition of industries, job creators, and taxpayers in the state, as well as scientists and legal scholars, which supports balanced, science-based environmental standards to regulate PFAS. Unnecessarily strict of standards would be costly to Wisconsin industry and would open up the state for frivolous lawsuits and potentially millions of dollars in liability.
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AG Kaul Declines Opioid Settlement Proposal
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Wisconsin Attorney General Josh Kaul has declined to join a proposal to settle multidistrict litigation against opioid manufacturer Purdue Pharma. Purdue had reportedly reached a $10 to $12 billion settlement deal with the multidistrict plaintiffs.
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Federal Extraordinary Session Case Dismissed
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The U.S. District Court for the Western District of Wisconsin recently dismissed DPW v. Vos, the federal case challenging the 2018 extraordinary session laws. The Democratic Party of Wisconsin (DPW) had filed a complaint in February seeking to declare the extraordinary session legislation in violation of the U.S. Constitution.
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SUPREME COURT
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Subtitle
Month Year |
Supreme Court Oral Arguments - October 2019
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The Wisconsin Supreme Court is in the midst of a busy month of oral arguments. Cases heard this month include the second case litigating the 2018 extraordinary session legislation, insurance issues, employee wages, and misrepresentation claims.
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Supreme Court Oral Arguments - September 2019
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The Wisconsin Supreme Court held oral arguments on several notable cases in September. (Calendar and case synopses.) Issues before the court included legal nonconforming uses, successor liability, and annexation.
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COURT OF APPEALS
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Subtitle
Month Year |
| Paul R. Ponfil Trust v. Charmoli Holdings, LLC (Settlement Agreement) |
In Paul R. Ponfil Trust v. Charmoli Holdings, LLC (2018AP1321), the Court of Appeals District II held that a settlement agreement was unenforceable because it lacked agreement on material terms.
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Wisconsin & Milwaukee Hotel, LLC v. City of Milwaukee (Property Tax Assessment)
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In Wisconsin & Milwaukee Hotel, LLC v. City of Milwaukee (2018AP1744), the Court of Appeals District I upheld property tax assessments of a downtown Milwaukee hotel.
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Freund v. Nasonville Dairy, Inc. (Receivership Proceedings - Voidable Preference)
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In Freund v. Nasonville Dairy, Inc. (2018AP1215), the Court of Appeals District III held that, in receivership proceedings, a preference is voidable under Wis. Stat. ยง 128.07(2) if an ordinarily prudent business person would have reasonable cause to believe 1) the transferor is insolvent and 2) the transfer would enable the recipient to obtain a greater percentage of debt than other creditors of the same class.
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Chapp v. Colgate-Palmolive Co. (Talcum Powder)
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In Chapp v. Colgate-Palmolive Co. (2018AP937), the Court of Appeals District I held that the plaintiff presented insufficient evidence that Colgate talcum powder caused his wife's cancer and therefore upheld summary judgment in favor of Colgate.
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| Mueller v. LIRC (Worker's Compensation) |
In Mueller v. LIRC (2018AP707), the Court of Appeals District III held that employees must show actual wage loss attributable to a work-related injury in order to be eligible for temporary disability worker's compensation benefits. Employees may not receive temporary disability if they voluntarily retire, nor if subsequent attempts to re-enter the labor market are not impaired by a work-related injury.
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State of Wisconsin ex rel. Collison v. City of Milwaukee Board of Review (Property Tax Assessment)
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In State of Wisconsin ex rel. Collison v. City of Milwaukee Board of Review (2018AP669), the Court of Appeals District I upheld the tax assessment of a property with environmental pollution.
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Paynter v. ProAssurance Wisconsin Insurance Co. (Medical Malpractice Coverage)
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In Paynter v. ProAssurance Wisconsin Insurance Co. (2017AP739), the Court of Appeals District III held that a medical malpractice insurance policy did not provide coverage for a doctor's alleged liability connected with services performed in another state.
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| Beedle v. Wisconsin Mutual Insurance Co. (Insurance Policy Business Exclusion) |
In Beedle v. Wisconsin Mutual Insurance Co. (2018AP2147), the Court of Appeals District IV held that an insurance policy's business exclusion applied when the insured was engaging in a side job, barring coverage for an injury caused by the insured's negligence on the job.
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Harwood v. Wheaton Franciscan Services, Inc. (Class Action Certification)
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In Harwood v. Wheaton Franciscan Services, Inc. (2018AP1836), the Court of Appeals District I affirmed class action certification in a lawsuit against a medical provider related to medical record fees.
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McCormick v. Auto Club Insurance Association (Doctrine of Accord and Satisfaction)
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In McCormick v. Auto Club Insurance Association (2018AP753), the Court of Appeals District I held that the doctrine of accord and satisfaction applied when the plaintiff cashed a check that the defendant insurer intended to settle the claim.
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| October 14, 2019 Written and compiled by Paige Scobee Hamilton Consulting Group |
Wisconsin Civil Justice Council
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